This Colocation Addendum is incorporated by reference into your Hosting Services Agreement (“HSA”).
As a Supplementary Service, devices (referred to as "Colocated Device" whether one or more) owned by you and described in the Services Description will be accepted by us for placement in our data centre as part of the hardware configuration provided by us, subject to the terms and conditions set out below.
1. SUPPLEMENTARY SERVICE
The monthly recurring fee for this Supplementary Service is specified in the HSA. The Supplementary Service includes the following:
1.1 Installation in a cabinet predetermined for your configuration;
1.2 Space in the cabinet;
1.3 Ventilation and power at the standard voltage supplied for all customers at the data centre;
1.4 A single connection to the network together with a single public IP address which utilises Network Address Translation on the private side of the required rack-mountable firewall;
1.5 Power cycling upon your request; provided that the power switch is external and physically accessible, does not require additional attachments, and does not require unlocking physical or logical security mechanisms;
1.6 Provided that a replacement device (“Spare”) has been delivered in accordance with Section 4 below, at your request, replacement of a failed Colocated Device and shipment to you.
The Supplementary Service does not include monitoring, patching, back-ups, hardware or software troubleshooting, escalation or software installation, upgrades or downgrades. You acknowledge and agree that you are responsible for the configuration, testing, monitoring and management of any Colocated Device.
2. SERVICE LEVEL GUARANTEES
The service level guarantees do not apply to the Colocated Device or to any devices provided by us that have been adversely affected by the Colocated Device or the user interaction with it. We will not monitor the Colocated Device via PING, monitor services (connecting externally), apply software patches or updates, escalate incidents to vendors, perform backup services, or install or reinstall an operating system.
3. ACCEPTABLE USE POLICY
Our Acceptable Use Policy (“AUP”) applies to the Colocated Device.
4. SPECIFICATION REQUIREMENTS
The Colocated Device and any Spare must be fully compatible with data centre specifications for physical space, security, refrigeration and power (“Specification Requirements”), including without limitation:
4.1 Designed to be natively rack-mountable, and accompanied by mounting hardware that does not alter the manufacturer’s intended mounting specifications;
4.2 Dimensions are not in excess of the physical space available for the configuration in the data centre;
4.3 Weight, including attachments and mounting hardware, is not in excess of that allowed in the data centre;
4.4 Special or external cooling or ventilation systems or any that are based on liquids or gas are not required;
4.5 Operates normally without any modifications at the standard voltage supplied by the data centre;
4.6 Complies with the acceptable range of power consumption proportional to the required physical space;
4.7 A rack-mountable firewall (PIX 506 or above) provided and managed by us protects the configuration;
4.8 Functions using Network Address Translation behind the perimeter firewall;
4.9 Is not intended to be deployed in-line between other devices, whether or not such devices are provided by us;
4.10 Supports the 10 Base-T or 100 Base-TX Ethernet standards as its main media type for management, operation or any other purpose;
4.11 Is not intended to be connected directly to another server or colocated device;
4.12 Network connections are always made to an Ethernet switch operated by us;
4.13 To the extent that it is intended for termination of a cross-connected circuit, the requirements and details of such are subject to evaluation and approval by us;
4.14 Does not contain any software (unless such software has been permanently disabled),
internal hardware or attachment capable of capturing sound, images, video, motion or chemical composition; and
4.15 Neither the Colocated Device nor any of its components or attachments is capable of receiving or transmitting any type of signal using radio frequency, microwaves, infrared or any other type of wireless carrier signal.
Upon its delivery to the data centre, we may inspect the Colocated Device, including disassembly in its discretion, to ascertain whether all of the Specification Requirements have been met. Unless performed in a negligent manner, such inspection shall be without liability to us. All references herein to Colocated Device include the Spare, if any.
5. SHIPMENT REQUIREMENTS
In order for us to accept the Colocated Device for installation in the data centre, all of the following (“Shipment Requirements”) must be met by you:
5.1 Components prohibited in Section 4 must be completely removed from the Colocated Device prior to shipment;
5.2 The IP address, login, and password must be configured on the Colocated Device prior to shipment;
5.3 Any Spare must be clearly labelled "Spare" and the IP address, login, and password must be configured prior to shipment;
5.4 The Colocated Device must be clearly and conspicuously labelled with your account number, the Colocated Device number assigned to it by us, and the number of our ticket notifying our Inventory Department of the prospective shipment.
6. NONCONFORMING COLOCATED DEVICE
A Colocated Device that does not meet the Specification Requirements and the Shipment Requirements will be returned to you at your sole risk and expense.
7. ACCESS TO THE COLOCATED DEVICE
Consistent with our security controls and procedures, physical access by you or your agents to the Colocated Device in the data centre is prohibited. The Colocated Device must be accessed via a full management system accessible remotely from the public Internet (or over VPN), and such system must not depend on physical access to the Colocated Device’s console or management ports in order for it to be operated. Remote console access services for Colocated Devices, either directly (lights-out interface) or through a network based KVM or a Cyclades-type device are not offered by us. Should it become necessary to perform administration or maintenance on it, we will disconnect the Colocated Device and ship it as instructed at your sole risk and expense. You represent and warrant to us that you have the necessary expertise to access the Colocated Device remotely and have the knowledge to successfully authenticate and obtain the necessary privileges granting the right to manage it without intervention by us.
8. REMEDY
Your sole and exclusive remedy for our material failure to provide the Supplementary Service described herein will be to terminate the Supplementary Service.
9. INSURANCE
During the Term of the Agreement, you agree to insure and keep insured the Colocated Device against all manner of loss in an amount not less than replacement cost.
10. TERM
This Colocation Addendum shall remain in effect for so long as any Colocated Device is located in our data centre.
11. TERMINATION
Upon termination of the Agreement, the Colocated Device will be shipped to you. In the event that we receive notification of a claim from a secured party or other third party having a possessory interest in the Colocated Device, we may, in our sole discretion, terminate the Supplementary Service and ship such Colocated Device to you. Shipment of the Colocated Device shall be at your expense and risk and in accordance with your reasonable shipping instructions.
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